Auckland real estate agent tried to kiss client after failed house bid

The realtor attempted to kiss his female client while in her car one evening. Photo / 123RF

A realtor tried to kiss a female client in a car then had his wife write a false statement for investigators claiming he was at home when the incident happened.

Despite initially claiming a false alibi, the man has since admitted his conduct and appeared before the Real Estate Agents Disciplinary Tribunal in Auckland on Monday, where the penalty for his actions will be determined.

According to the charges, the man, who has interim name suppression, was helping a woman look for a house to buy in Auckland in June of 2022.

He began looking for properties in her price range, and even went to one viewing with her and assisted her in making an offer on a house later the same month.

The following evening, the man met with his client to tell her that her offer had been unsuccessful. Then, while they were both sitting in her car, he tried to kiss her.

“This is intentional unwelcome physical conduct by a licensee,” counsel for the standards committee prosecuting the man, Matthew Mortimer-Wang, told the tribunal.

He said it would have been a “scary and confronting” situation for the woman, who also has interim name suppression, as she was alone with the man and couldn’t get away easily. He also noted the power imbalance between the pair, with the woman needing help to find a house.

Mortimer-Wang said the man had then lied to staff investigating his conduct after the woman made a complaint and had his wife provide a false alibi that he was at home with her at the time.

“What licensees cannot do is actively lie and construct false narratives to committee investigators,” he said.

Mortimer-Wang went on to say the public needed to be able to meet real estate agents at night or in isolated situations without fear of unwelcome advances being made.

“If they don’t have confidence that members can conduct themselves appropriately, then the reputation of the profession will be degraded over time,” he said.

The realtor has let his licence lapse since the incident and has not sought to renew it, meaning that suspension or a strike-off were not available penalties. Instead, a fine and censure was sought by Mortimer-Wang.

The realtor’s lawyer, Paul Barrowclough, said that his client was under significant mental strain at the time and his behaviour was “aberrant”.

“He does not resile from accepting responsibility for his actions,” Barrowclough said.

“He does accept that his conduct was unwanted and the kiss was unconsented, and he accepts that the power play between him and [the woman] was such that she was in a vulnerable position.”

Barrowclough said his client had written a letter of apology to his former client and to the tribunal expressing his remorse for his actions.

“It was not ongoing, persistent behaviour. It was a one-off,” Barrowlclough said.

The tribunal reserved its decision and said it will make a ruling in the coming weeks.

Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.